Description:

Overview:
The Senior Counsel, Labor & Employment position is a full-time position in the Company's Legal Department based out of either An American Fast Food Restaurant Chains Company's Atlanta or Irvine corporate office. This role is responsible for managing labor and employment litigation, partnering with risk management on employment-related issues and insurance programs, and providing strategic advice to the business on potential effects of statutory and regulatory developments that might impact employers, franchisees and/or the Company's local ownership franchise business model. As an area of special focus, this role will monitor and advise the business on any legal requirements announced by the California Department of Industrial Relations based on suggestions from the Fast Food Council, as well as similar, emerging legal requirements in other states and local jurisdictions.

As of the date of this posting, a good faith estimate of the current pay scale for this position is $433,000-$497,000. This pay scale considers a wide range of business factors and may change over time. Of note, this role will be based out of either Atlanta, GA, or Irvine, CA, and the location, related cost of living, experience, and other factors will be considered when setting compensation.

Our Flexible Future model offers a healthy mix of working in person and virtually, strengthening key elements of the An American Fast Food Restaurant Chains Company culture by fostering collaboration and community.

Responsibilities:
  • Assessing risks of, managing strategy for, and overseeing outside counsel on assigned labor and employment-related litigation, government agency audits, and government agency investigations and enforcement proceedings for An American Fast Food Restaurant Chains Company and its subsidiaries, affiliates, and new ventures, including but not limited to matters alleging theories of liability in the nature of “joint employment,” single enterprise, and apparent authority;
  • Independently managing all day-to-day aspects of assigned labor and employment-related litigation, agency audit, and agency investigation matters, including reviewing and editing draft pleadings, ensuring compliance with e-discovery and other litigation hold requirements, preparing witnesses for deposition and trial testimony, and representing the Company at mediations, arbitrations, and trials;
  • Independently managing and coordinating the Company's responses to a wide variety of employment-related subpoenas and third-party requests for information;
  • Drafting and reviewing settlement agreements and confidentiality and protective orders;
  • Independently monitoring new and developing state and local labor and employment laws in California and other states that could impact franchisees and/or the Company's local ownership franchise business model;
  • Providing strategic advice to business partners on new and developing labor and employment laws that could impact franchisees and/or the Company's local ownership franchise business model;
  • Providing strategic and liaison services to support the growing Employment Practices Liability Insurance (EPLI) program's optional services for franchisees;
  • Independently and in collaboration with colleagues on the Employment Legal team providing day-to-day direction, strategy, and legal advice to the business on (1) employment dispute resolution issues, (2) litigation-avoidance matters, (3) the EPLI program's optional offerings, and (4) employment compliance matters;
  • Conferring and consulting regularly with team leadership on current and upcoming projects, plans, and developments;
  • On assigned matters, independently managing outside legal counsel budget, work, and costs on an ongoing basis;
  • Serving on cross-functional Legal and business teams and attending business meetings to provide legal and strategic advice to business partners on a wide variety of employment laws, risk mitigation, and litigation avoidance;
  • Participating in various administrative matters, such as planning, budgeting, and strategy for the Legal Department and the Employment Legal team.

Minimum Qualifications:
  • Eight (8) years of experience in employment litigation; EEOC, DOL, and analogous state administrative charges and investigations; and related legal counseling of employers.
  • Four (4) year college degree.
  • Law degree from accredited law school.
  • State Bar membership.
  • Demonstrated academic success in law school (top 25% of class).

Preferred Qualifications:
  • Experience in labor and employment litigation and/or labor and employment counseling matters involving franchise or other third-party relationships where joint employer, single-enterprise, or apparent authority theories are at issue.
  • Experience defending employers in California-specific labor and employment litigation, particularly wage-hour class and PAGA actions.
  • Experience advising employers on compliance with a variety of different federal, state, and local labor and employment laws, particularly state and local laws within California and its more populous localities.
  • Large law firm or boutique employment litigation experience.
  • Experience handling labor and employment litigation, agency charges, and agency investigation cases for a variety of clients and covering a variety of legal claims as lead counsel or second chair role.
  • Experience with unfair labor practice charges or other litigation before the NLRB.
  • Experience serving in a lead role in responding to discovery requests, handling e-discovery issues, taking depositions, attending and representing clients at hearings and mediations.
  • Experience as lead counsel or second-chair counsel on complex employment litigation cases at trials, arbitrations, or similar proceedings.
  • Ability to be flexible and work on a wide range of matters.
  • Strong communication and relationship skills.
  • Strong writing and editing skills.
  • Strong analytical and reasoning skills.
  • Ability to identify and set priorities.
  • Detail oriented with strong organizational skills.
  • High level of initiative and desire to work within an in-house legal department.
  • Ability to serve leadership and supporting roles in cross-functional projects and/or on cross-functional teams.

Minimum Years of Experience:
8

Travel Requirements:
10%

Required Level of Education
JD Degree

Minimum GPA (4.0 Scale)
Top 25% law school